The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

Saturday, May 26, 2007

Google is watching you. No surpise, but privacy regulators are concerned.

Google, the world's biggest search engine, is setting out to create the most comprehensive database of personal information ever assembled, one with the ability to tell people how to run their lives.

In a mission statement that raises the spectre of an internet Big Brother to rival Orwellian visions of the state, Google has revealed details of how it intends to organise and control the world's information.

The company's chief executive, Eric Schmidt, said during a visit to Britain this week: "The goal is to enable Google users to be able to ask the question such as 'What shall I do tomorrow?' and 'What job shall I take?'."

Speaking at a conference organised by Google, he said : "We are very early in the total information we have within Google. The algorithms [software] will get better and we will get better at personalisation."

Google's declaration of intent was publicised at the same time it emerged that the company had also invested £2m in a human genetics firm called 23andMe. The combination of genetic and internet profiling could prove a powerful tool in the battle for the greater understanding of the behaviour of an online service user.

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Privacy protection campaigners are concerned that the trend towards sophisticated internet tracking and the collating of a giant database represents a real threat, by stealth, to civil liberties.

That concern has been reinforced by Google's $3.1bn bid for DoubleClick, a company that helps build a detailed picture of someone's behaviour by combining its records of web searches with the information from DoubleClick's "cookies", the software it places on users' machines to track which sites they visit.

The Independent has now learnt that the body representing Europe's data protection watchdogs has written to Google requesting more information about its information retention policy.

The multibillion-pound search engine has already said it plans to impose a limit on the period it keeps personal information.

A spokesman for the Information Commissioner's Office, the UK agency responsible for monitoring data legislation confirmed it had been part of the group of organisations, known as the Article 29 Working Group, which had written to Google.

It is understood the letter asked for more detail about Google's policy on the retention of data. Google says it will respond to the Article 29 request next month when it publishes a full response on its website.

The Information Commissioner's spokeswoman added: "I can't say what was in it only that it was written in response to Google's announcement that will hold information for no more than two years."

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A spokeswoman for the Information Commissioner said that because of the voluntary nature of the information being targeted, the Information Commission had no plans to take any action against the databases.

Peter Fleischer, Google's global privacy Ccunsel, said the company intended only doing w hat its customers wanted it to do. He said Mr Schmidt was talking about products such as iGoogle, where users volunteer to let Google use their web histories. "This is about personalised searches, where our goal is to use information to provide the best possible search for the user. If the user doesn't want information held by us, then that's fine. We are not trying to build a giant library of personalised information. All we are doing is trying to make the best computer guess of what it is you are searching for."

Privacy protection experts have argued that law enforcement agents - in certain circumstances - can compel search engines and internet service providers to surrender information. One said: "The danger here is that it doesn't matter what search engines say their policy is because it can be overridden by national laws."

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This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.